Effect of Arbitration. The Parties intend that any arbitration award relating to any matter described in Section 9.00 will be final and binding on them and that a judgment on the award may be entered in any court of competent jurisdiction, and enforcement may be had according to the terms of that award. This section will survive the termination or expiration of this Agreement.
Effect of Arbitration. All performance and payments required under this EPA will continue during any dispute under this EPA, provided that the Parties may, notwithstanding the foregoing, exercise any right to terminate this EPA in accordance with the terms of this EPA. Any payments or reimbursements required by an arbitration award will be due as of the date determined under subsection 6.3.2(d) or, where that subsection does not apply, as of the date determined in the award. Without duplication with subsection 6.3.2(d), any payments or reimbursements required by an -12- Revised: August 2016 arbitration award will bear interest at an annual rate equal to the Prime Rate plus 2% compounded monthly from the date such payment was due until the amount is paid.
Effect of Arbitration. The decision of such arbitrator shall be final and binding upon the parties, and such decision shall be enforceable as a judgment in a court of competent jurisdiction. Other than the Employer’s right to seek specific performance by way of injunctive relief to enforce the provisions of Sections 9, 10 or 11, each party to this Agreement covenants not to institute any suit or other proceeding in any court with respect to any matter arising under or pursuant to or directly or indirectly relating to this Agreement, the subject matter hereof or the other agreements, documents and instruments delivered or required to be delivered hereunder or in connection herewith unless the intended subject matter thereof has first been submitted for arbitration in accordance with the foregoing procedure and such arbitration proceeding has been completed.
Effect of Arbitration. The decision of a majority of the arbitrators shall be final and binding on the Parties, may be enforced by any court of competent jurisdiction and cannot be the subject of any appeal. The arbitrators shall have the authority to award punitive or special damages (including any lost profits) and awards shall be consistent with the limitations on liability and other terms and conditions set out in this Agreement, as well as any court decision permitted by Section 8.10. In the absence of a contrary ruling by the arbitrators, each Party shall pay its own costs and fees in connection with the arbitration.
Effect of Arbitration. By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration proceedings and the enforcement of any award. Without prejudice to such provisional remedies as may be available under the jurisdiction of a national court, the arbitral tribunal shall have full authority to grant provisional remedies or modify or vacate any temporary or preliminary relief issued by a court, and to award damages for the failure of any party to respect the arbitral tribunal's orders to that effect.
Effect of Arbitration. Notwithstanding the provisions of Section 12.1 hereof, if the Event of Default or the asserted default giving rise to same is subject to arbitration pursuant hereto, and the existence of such Event of Default or asserted default is being contested by the party assertedly in default, then, if and so long as such party is cooperating and acting in good faith to complete the arbitration proceeding with respect thereto as expeditiously as possible, the time for curing such asserted default shall commence upon the rendering of the arbitration decision with respect thereto, or other resolution thereof, whichever occurs first.
Effect of Arbitration. Any award of the arbitral tribunal shall be binding from the day it is made, and the parties hereby waive any right to refer any question of law and any right of appeal on the law and/or the merits to any court of law in any jurisdiction.
Effect of Arbitration. Nothing in this section 12 will prejudice the right of a Party to institute legal proceedings to seek urgent interlocutory or declaratory relief, including in the circumstances described in section 14.16. Subject to the foregoing, the arbitration will be the sole and exclusive forum for resolution of a Dispute and the award will be final and binding.
Effect of Arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND HOMEOWNER AGREE THAT NO FINDING OR STIPULATION OF FACT, NO CONCLUSION OF LAW AND NO ARBITRATION AWARD IN ANY OTHER ARBITRATION, JUDICIAL OR SIMILAR PROCEEDING SHALL BE GIVEN PRECLUSIVE COLLATERAL ESTOPPEL EFFECT IN ANY ARBITRATION HEREUNDER UNLESS THERE IS A MUTUALITY OF ALL PARTIES. COMPANY AND HOMEOWNER FURTHER AGREE THAT NO FINDING OR STIPULATION OF FACT, NO CONCLUSION OF LAW AND NO ARBITRATION AWARD IN ANY ARBITRATION HEREUNDER SHALL BE GIVEN PRECLUSIVE OR COLLATERAL ESTOPPEL EFFECT IN ANY OTHER ARBITRATION, JUDICIAL, OR SIMILAR PROCEEDING UNLESS THERE IS A MUTUALITY OF ALL PARTIES.
Effect of Arbitration. Following the conclusion of arbitration, if the --------------------- Arbitrators agree upon and support the substantive position advanced by the party seeking arbitration and such position is that an Event of Default by the other party has occurred by reason of the issue being arbitrated (the "Prevailing Party") the Prevailing Party may avail itself of the remedies ---------------- provided for in Section 10 (other than instituting litigation with respect to the disputed issues that have been arbitrated).
